Bill Text: IL HB2442 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Illinois Seed Law. Defines "cool weather grasses". Sets out a labelling requirement for cool weather grasses that includes a "sell by" date. Provides that cool weather grasses may be sold up to 15 months (instead of 12 months) after the applicable test under the Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-08-13 - Public Act . . . . . . . . . 96-0394 [HB2442 Detail]

Download: Illinois-2009-HB2442-Enrolled.html

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HB2442 Enrolled LRB096 06648 JDS 16732 b
AN ACT concerning agriculture.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Seed Law is amended by adding
Section 2.144 and changing Sections 4.2b and 5 as follows:
(505 ILCS 110/2.144 new)
Sec. 2.144. Cool weather grasses. "Cool weather grasses"
include colonial bent grass, creeping bent grass, Kentucky
bluegrass, red fescue, tall fescue, chewings fescue, hard
fescue, annual ryegrass, intermediate ryegrass, and perennial
ryegrass.
(505 ILCS 110/4.2b) (from Ch. 5, par. 404.2b)
Sec. 4.2b. Labeling for seed mixtures for lawn or turf
purposes shall include:
(1) The word "Mixed" or "Mixture" shall be stated with the
name of the mixture.
(2) The heading "Pure Seed" and "Germination" shall be used
in the proper places.
(3) Commonly accepted name of kind or kind and variety of
each agricultural seed component in excess of 5% of the whole,
and the percentage by weight of pure seed in order of its
predominance and in columnar form.

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(4) Lot number or other lot identification.
(5) Percentage by weight of agricultural seed other than
those required to be named on the label.
(6) Percentage by weight of inert matter.
(7) Percentage by weight of all weed seeds.
(8) For each agricultural seed named under (3) above:
(a) Percentage of germination, exclusive of hard or
dormant seed;
(b) Percentage of hard or dormant seed, if present;
(c) Calendar month and year the test was completed to
determine such percentages. Oldest test date shall be used.
(9) Name and address of the person who labeled that seed,
or who sells, offers or exposes that seed for sale within the
State.
(10) For cool weather grasses and mixtures of cool weather
grasses, a "sell by" date that is no more than 15 months,
exclusive of the calendar month in which the test was
completed, after the date of the applicable test required under
this Act.
(Source: P.A. 85-717.)
(505 ILCS 110/5) (from Ch. 5, par. 405)
Sec. 5. Prohibitions. It is unlawful for any person to
sell, offer for sale, expose for sale or transport for sale any
agricultural, vegetable or other seeds designated by the
Department of Agriculture within this State:

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(1) Without an annual permit from the Department of
Agriculture of the State of Illinois to engage in such
business. All permits shall expire annually as set by
regulation.
(2) Unless the test to determine the percentage of
germination required by Sections 4.2 through 4.5 shall have
been completed within a 12-month period (or 15-month period for
cool weather grasses) exclusive of the calendar month in which
the test was completed, immediately prior to sale, exposure for
sale, or offering for sale or transportation unless the seed is
in hermetically sealed packages or containers.
(3) Within a 36 month period, exclusive of the calendar
month in which the test was completed, immediately prior to
sale, exposure for sale, or offering for sale or
transportation, if the seed is in hermetically sealed packages
or containers.
(4) If such agricultural, vegetable or other seeds
designated by the Department are not labeled in accordance with
this Act or having a false or misleading labeling.
(5) Pertaining to which there has been false or misleading
advertising.
(6) Consisting of or containing prohibited noxious weed
seeds. If prohibited noxious weed seed is found in a sample of
seed, a stop sale order shall be issued. Within 10 days
following the issuance of the stop sale order, the Department
shall take another sample of the seed, and if no prohibited

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noxious weed seed is found, the stop sale order shall be
removed.
(7) Consisting of or containing restricted noxious weed
seeds per pound in excess of the number prescribed by rules and
regulations promulgated under this Act, or in excess of the
number declared on the label attached to the container of the
seed or associated with the seed.
(8) Containing more than 1.5% by weight of all weed seeds
in chaffy seeds and native grasses or 1% by weight of weed seed
in all other agricultural seed. Chaffy grasses shall be those
that are recognized by the Association of Official Seed
Analysts and native grasses shall be designated by regulation.
(9) If any labeling, advertising, or other representations
subject to this Act represents the seed to be certified or
registered seed unless (a) it has been determined by a seed
certifying agency that such seed was produced, processed, and
packaged, and conforms to standards of purity as to kind or
variety, in compliance with rules and regulations of such
agency pertaining to such seed; and (b) the seed bears an
official label issued for such seed by a seed certifying agency
stating that the seed is certified or registered.
(10) Labeled with a brand, trademark or term taken from a
brand or trademark unless such is clearly identified with the
word brand and as being other than part of the variety name.
(11) If the same brand designation is assigned to more than
one variety or blend of soybean, wheat, oats, or barley.

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(Source: P.A. 85-717.)
Section 99. Effective date. This Act takes effect upon
becoming law.